Erring on side of caution advised for mandatory reporters

Serious allegations should be hotlined, prosecutor says.

Aug. 19, 2011

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News-Leader

Patterson

Both sides want records closed

Both sides in the federal lawsuit against Republic Schools on Thursday sought a protective order on future information in the case. Both sides argue some of the documents that will be submitted later will include confidential information about both the student and the district.Those records include personnel documents, Children's Division reports or juvenile justice paperwork, the joint motion said."Disclosure of these types of records without an appropriate Protective Order may subject the School District and/or the person who made the claims to annoyance, embarrassment and/or oppression," the motion said.The document does not specify whether the attorneys want all the documents in the case closed or just those that contain private information.A judge has yet to rule on the motion.

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Greene County Prosecutor Dan Patterson can't say whether the Republic School District did anything wrong in the circumstances surrounding the alleged sexual assault of a student.

But he is weighing in on what the law requires and how officials encourage mandated reporters to handle serious allegations of assault.

A federal lawsuit has been filed against the Republic School District, claiming a female student was repeatedly harassed, sexually assaulted and raped -- once and then again after reporting the earlier alleged abuse to school officials.

Attorneys for the girl argue school officials failed to protect her and failed to comply with the state's mandatory reporting law when they did not call the state hotline after being told of the assaults.

"It would be out of place to comment on what, if anything, the school did. I wouldn't know," Patterson said.

But speaking in general terms, he said, this type of scenario is an example of the questions that surround what is required of a mandated reporter.

Patterson said authorities have depended on the Children's Division, which maintains the hotline and investigates allegations, to determine what constitutes an incident that should be reported.

He said the Children's Division interprets the law to mean that an incident involving only children doesn't fall under a mandated call.

But, he cautions, Children's Division policy -- and that of local criminal justice officials -- is that a serious allegation should be turned over to authorities and hotlined.

"Err on the side of caution and make the hotline," Patterson said.

Talking with child victims or witnesses is a difficult and psychologically loaded issue, he said.

Mandated reporters aren't required to fix the situation or to step in. Really, Patterson said, all a mandated reporter is required to do is listen and make a phone call.

"It's not your job to investigate the case," Patterson said. "Just let them talk and just ask them questions to ensure the child is immediately safe."

Beyond that, proper authorities should be brought in, like officials from the Child Advocacy Center, he said. Those interviewers are specifically trained in how to interview and interact with children properly in light of serious issues.

He said sometimes well-meaning officials complicate a situation when they start asking questions.

Patterson said small things like the environment can affect how children interpret the situation.

Even something as small as being called to a principal's office to talk can signal to a child that he or she is in trouble, he said.